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NATURAL RESOURCES DEFENSE COUNCIL, INC. v. ZELLER

No. 82-8570.

688 F.2d 706 (1982)

NATURAL RESOURCES DEFENSE COUNCIL, INC., et al., Plaintiffs-Appellees, v. Howard D. ZELLER, et al., Defendants-Appellants, Project Management Corporation, et al., Intervenors-Appellants.

United States Court of Appeals, Eleventh Circuit.

Rehearing Denied October 29, 1982.

Attorney(s) appearing for the Case

Jacques B. Gelin, Dept. of Justice, Washington, D.C., for Zeller, et al.

G. Lee Garrett, Jr., Atlanta, Ga. and George L. Edgar, Washington, D.C., for Project Management Corp.

Lee L. Bishop, Washington, D.C., for Natural Resources Defense Council, Inc.

Before RONEY, FAY and VANCE, Circuit Judges.

PER CURIAM:

At defendants' request, we expedited this appeal from a preliminary injunction issued by the district court on September 3, 1982, which enjoined any site preparation activities relating to the Clinch River Breeder Reactor Plant, a multi-billion dollar federal nuclear energy project authorized by Congress. After considering the briefs, the record and oral argument, we reverse the grant of the preliminary injunction on essentially two grounds. First,...

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